Item D5
.:- BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:2~!_Y 20 I 2005 Di vision: TDC
Bulk Item: Y es ~ No_ Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with the City of Marathon to exercise option to extend
agreement for beach sand~ beach repairs and beach maintenance at Sombrero and Coco Plum beaches
for an additional five (5) year period to September 30,2010.
ITEM BACKGROUND:
TDC approved same at their meeting of May 24,2005.
PREVIOUS RELEVANT DOCC ACTION:
BOCC approved original Agreement at their meeting of June 21, 2001
BOCC approved Amendment to Agreement at their meeting of November 21,2001
CONTRACT/AGREEMENT CHANGES:
Amendment to extend
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $115.887 BUDGETED: Yes-L No -
COST TO COUNTY: $115.887 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes --K- No At'\10UNT PER MONTH_ Year -
APPROVED BY: County Any -1L- OMBlPurchasing--K- Risk Management X
DIVISION DIRECTOR APPROVAL: ~~/
(Lynda Stuart)
DOCUMENTATION: fucIuded X Not Required_
DISPOSITION: AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARy
Contract with: City of Marathon Contract#_
Effective Date: 10/1/05
Expiration Date:
Contract Purpose/Description:
Anoroval of an Amendment to AQT'eement with the City of Marathon to exercise Option
to extend agreement for beach sand.. beach repairs and beach maintenance at Sombrero
and Coco Plum beaches for an additional five (5) year period to September 30. 2010.
Contract Manager: Maxine Pacini 3523 IDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meetin~ on 7/20/05 A~enda Deadline 7 15 /05
CONTRACT COSTS
Total Dollar Value of Contract: $ 115,887 Current Year Portion: $
Budgeted? Yesl2$] NoD Account Codes 119-79040-530340- T69M-403-X-53 0340
Grant: $
County Match: $ - - - -
-----
- - -
- ---
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
__ Needed
Division Director YesO Noff
Risk Management 5- 5as YesO Noc:1'
O.M.B./Purchasing '-l ~ J.~ -oS YesO Noff
~or- YesO Noca--' -
County Attorney S.Hutton
Comments:
OMB Form Revised 2/27/01 MCP #2
.
MENDMQUO I.HIER~OCAL AQ8eellEtiI
THIS ADDENDUM to &greement is made and entered into this _ day of
2005, between the County of Monroe and The City of Marathon.
WHEREAS. there was a contract entered into on June 21, 2001. between the
parties. to provide beach sand. beach repairs and beach maintenance at Sombrero
Beach; and
WHEREAS. the contract was amended on November 21. 2001 for the addition of
Coco Plum Beach; and
WHEREAS. the current contract provides an option to extend the &greement for
an additional five (5) year period beyond the initial award period;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended &greement as follows:
1. Contract period as outlined in Paragraph 1 as amended on November 21.
2001 be extended to September 30, 2010.
2. The remaining provisions of the contract dated June 21, 2001 remain in
full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
(SEAL)
ATTES~ DANNYl.KOlHAGE,ClERK BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY. FLORIDA
Deputy Clerk Mayor/Chairman
CITY OF MARATHON, FLORIDA
....
10045-55 Overseas Highway, Marathon. Florida 33050
Phone: (305) 743-0033 Fax: (305) 743-3687
April 8, 2005
Maxine Pacini
Administrative Assistant
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, F1.orida 33040
RE: Inter~local Agreement for Sombrero Beach and Coco Plum Beach sand,
beach repairs and beach cleaning and maintenance
Dear Ms~ Pacini:
Thank you for your tetter of April 7, 2005, regarding the above referenced
agreement. The City of Marathon would very much like to extend the
agreement for an additionaL five (5) year period.
Would modification of the agreement negate the possibility of the five year
extension or would this be possible?
I wo~ld be interested in talking to whoever is required regarding the
agreement.
I look forward to hearing from you. This funding is what keeps Marathon's
beaches the desirable properties they are and the City appreciates Tourist
Development Council's efforts,
Si~~ ,:!~
Susie Thomas
Project Manager
Cfty of Marathon
Cc: City Manger: Mr. Mike Puto
, f/. I l~'. ..
, {""-
'/1
ADDENDUM TO AGREEME~
Thla AGREEMENT dated !he -:t(~day of~"",..,./ 2ll!!1, is entered lnln by and
between !he BOARD OF COUNTY COMMISSION . S FOR MONROE COUNTY, on behalf of
the TOURIST DEVELOPMENT COUNCIL and the CITY OF MARATHON.
WHEREAS, !he lhild penny of Tourist 0eveI0pmern Tax may be used to acquire,
construct, 8>d8nd, enlarge, 1l!lIIICdel, repair, impl'OWl, maintain, or Promote museums.
zooIogicaJ paries, beacheS, fishing Plens, nature centers or sporls arenas which life PubrlCly
owned and operated or owned and operated by nOf-for..protit corporations; and
WHeREAs, there was an lnter-localllgleement entered into on June 21, 2001 between
the parties to provide beach sand, beach repairs and beach maintenance at Sombrero Beach,
and
WHEREAS. the contractor has since acquired the Coco Plum Beach; and
WHEREAS, Sombrero Beach and Coco Plum Beach require beach sand; beach
repairs and beach cleaning and maintenance; and
. City
WHEREAs, !he \ '"l. has !he ability to act as manager for Sombrero and Coco Plum
Beaches; and
WHEREAS, Paragraph 4 of the original agreement erroneously required a "work plan"
in addition to the statement of SCOpe of services contained in the agreement;
NOW THEREFORE, the above parties agree as follows:
1. Paragraph 2 of the agreement shall read as follows:
The Contractor shaD provide beach sand, beach repairs, beach maintenance and beach
cleaning selVices for both Sombrero and Coco P'um Beaches.
2. Paragraph 3 of the agreement shall read as follows:
The County shall provide from tourist development lax funds an amount not to exceed
$78,501 to cover reimbursement of related expenses for beach sand, repairs and
. mainlenance at Sombrero Beach for !he year ending September 30, 2001. The County
shall provide from tourist development lax funds an amount not to exceed $115,887 to
cover reimbursement of related expenses for beach sand, repairs, maintenance and
cleaning at Sombrero and Coco Plum Beach for Ihe year ending September 30, 2002.
For each of the remaining years under this agreement, County shall pay from tourist
development tax funds such amounts as are established within the TOC. budget
approved by the County prior to each fiscal year. The Board of County Commissioners
and the Tourist Development Council assume no liabifily to fund this agreement for an
amount in excess of this award. Payment for expenditures permissible by raw and
Counly policies shall be made through reimbursement to Contractor upon presentation
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..
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of invoices. canceled checks and other documentation necessary to support a ctain for
reimbursement Monroe County's performance
and obligation to pay under this agreement is contingent upon an annual appropriation
by the BOCC.
3. Paragraph 4 of the agreement shaH read as follows:
The Contractor shall keep such records as are necessary to document the ped'ormance
of the agreement and expenses as inCUrred, and give access to these records at the
request of the TOe. the County. the State of Florida or authorized agents and
repI'eSentatiye of said government bodies. It is the responsibility of the Contractor to
maintain appropriate records to insure a proper accounting of al funds and
expenditures. The Contractor understands that it shalf be responsible for repayment of
any and all audit exceptions which are identified by the Auditor General for the State of
Florida. the Clerk of Court for Monroe County. the Board of County Commissioners for
Monroe County, or their agents and representatives. In the event of an audit exception,
the current fiscal year grant award or subsequent grant awards will be offset by the
amount of the audit exception. In the event the grant is not renewed or supplemented in
future years, the Contractor wilt be biUed by the County for the amount of the audit
~~-~",,~ception and shall promptly repay any audit exception.
Afj' ',cou.../tr~
'~'
~ ~I ITNESS WHEREOF, the parties hereto have caused this agreement 10 be
;,. ' ~ day and year first above written.
"
'S BOARD OF COUNTY COMMISSIONERS
NNY L KOlHAGE, CLERK OF MONROE COUNTY, FLORIDA
By:G~~ By: ~YOr/Chairman
De Clerk
(SEAL)
ATTEST: CITY OF MARATHON
B~V~ BY~
~y City Clerk V I. C€... Mayor II /;;ft, I
Approved as for form and legal sufficiency:
By: ~
l.;lty Attorney BY
DATF
. (' INTERLOCAL AGREE...c~~T
-
j . " /
t; " fOR
"
", GRNt'J OF FUNDS
This AGREEMENT daled lhe]/.dday ofJvNP, 2001, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County, If on
behalf of the TOURIST DEVELOPMENT COUNCil, hereinafter "TDC" and the City of Marathon,
hereinafter II Contractor".
WHEREAS. the third penny of Tourist Development Tax may be used to acquire, construct,
extend. enlarge. remodel, repair, improve. maintain. or promote museums. zoological parks,
beaches. fishing piers, nature centers or sports arenas which are publicly owned and operated or
owned and operated by not-for-proflt corporations, and
WHEREAS, Contractor has applied for funding for sand replacement, beach cleaning and
maintenance at Sombrero Beach, hereinafter "the Project'"; and
WHEREAS. Contractor has the abUity to act as manager for the project; and
WHEREAS, the County and TDC have detennined that it is in the best interest of the
County, for purposes of promoting tourism and preserving the heritage of the community, to
acquire. construct. repair and rehabilitate the project for use as a beach open to the public;
NOW. THEREFORE, in consideration of the mutual covenants and payments contained
herein, the Contractor and the County have entered into this agreement on the tenns and
conditions as set forth below. -
1. AGREEMENT PERIOD. This agreement is for the period October 1. 2000 through
September 3D, 2005. unless earlier terminated pursuant to and in compliance with paragraphs
7,11 and 12 below. The County has an option to extend this agreement for an additional five (5)
year period beyond the initial award period, upon giving at least sixty (60) days prior written notice
of agreement extension to Contractor.
2. SCOPE OF AGREEMENT. The Contractor shall provide beach sand; beach repairs and
beach maintenance at Sombrero Beach.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shaH provide from tourist
development tax funds an amount not to exceed $78,501 to cover reimbursement of related
expenses for beach sand, repairs and maintenance at Sombrero Beach for the year ending
September 3D, 2001. For each of the remaining years under this agreement, County shall pay
from tourist development tax funds such amounts as are established within the TOC budget
approved by the County prior to each fiscal year. The Board of County Commissioners and the
Tourist Development Council assume no liability to fund this agreement for an amount in excess
of this award. Payment for expenditures permissible by law and County policies shall be made
through reimbursement to Contractor upon presentation of invoices, canceled checks and other
documentation necessary to support a claim for reimbursement. Monroe County's performance
Sombrero Beach
Capital Project Funding FY 2001
1
. .and o~ligatlon to pay un( this agreement is contingent upo.(., annual appropriation by the
.. SOCC.
.
4. REPORTS. The Contractor shalf provide financial reports in summary of activity on forms
provided or approved by the TDC, and quarterly narrative reports of activity under the approved
work plan. The Contractor shall keep such records as are necessary to document the
performance of the agreement and expenses as incurred, and give access to these records at the
request of the roc, the County, the State of Florida or authorized agents and representatives of
said government bodies. It is the responsibility of the Contractor to maintain appropriate records
to insure a proper accounting of all funds and expenditures. The Contractor understands that it
shalf be responsible for repayment of any and aU audit exceptions which are identified by the
Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of
County Commissioners for Monroe County, or their agents and representatives. In the event of an
audit exception, the current fiscal year grant award or subsequent grant awards will be offset by
the amount of the audit exception. In the event the grant is not renewed or supplemented in future
years, the Contractor will be billed by the County for the amount of the audit exception and shall
promptly repay any audit exception.
5. MODIFICA TrONS AND AMENDMENTS. Any and all modifications of the terms of this
agreement shall be only amended in writing and approved and executed by both parties.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
Contractor is an independent contractor and not an employee of the Board of County
. Commissioners of Monroe County. No statement contained in this agreement shall be COnstrued
as to find the Contractor or any of its employees, contractors, servants or agents to the employees
of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the
rights, privileges or benefits of employees of Monroe County.
7. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, the
Contractor shal' abide by all statutes, ordinances. rules and.regulations pertaining to or regulating
to the provisions of this agreement, including those now in effect and hereafter adopted. Any
violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this
agreement and sharr entitle the County to terminate this agreement immediately upon defivery of
written notice of termination to the Contractor.
8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The
Contractor shall include in all agreements funded under this agreement the following terms:
a) Anti-discrimination. Contractor agrees that they will not discriminate against any
employees or applicants for employment or against persons for any other benefit or service under
this agreement because of their race, color, religion, sex, national origin, or physical or mental
handicap where the handicap does not affect the ability of an individual to perform in a position of
employment, and to abide by all federal and state laws regarding non-discrimination.
b) Anti-kickback. Contractor warrants that no person has been employed or retained to
solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the Contractor has
any interest, financially or otherwise, in Contractor. For breach or violation of this warranty, the
Contractor shall have the right to annul this agreement without liability or, in its discretion, to
deduct from the agreement price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding
Sombrero Beach
Capital Project Funding FY 2001
2
. 'for tJ\i~ agreement is avJ:ole at least in part through the eo!.:, and that violation of this
" paragraph may result in the County withdrawing funding for the Project.
. c) Licensing and Permits. Contractor warrants that it shall have. prior to commencement of
work under this agreement and at all times during said work, all required licenses and permits
whether federal. state. County or City.
9. ANTI-DISCRfMINA TION. The Contractor agrees that they will not discriminate against any
of their employees or applicants for employment or against persons for any benefit or service
because of their race, color, religion. sex. national origin, or physical or mental handicap where
the handicap does not affect the ability of an individual to perform in a position of employment,
and to abide by aU federal and state laws regarding non-discrimination.
10. ANTI-KICKBACK. The Contractor warrants that no person has been employed or retained
to solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the County or TOC
has any interest. financially or otherwise, in the said funded project. except for general
membership. For breach or violation of this warranty. the County shall have the right to annul this
agreement without liability or, in its discretion. to deduct from the agreement price or
consideration, the full amount of such commission, percentage. brokerage or contingent fee.
11. TERMINATION. This agreement shall terminate upon notice of termination to the City of
Marathon. Termination prior thereto shall occur whenever funds are not obtained or are not
continued at a level sufficient to allow for the continuation of this agreement pursuant to the terms
. herein. In the event that funds are not continued at a level sufficient to allow the continuation of
this agreement pursuant to the terms specified herein. this agreement may then be terminated
immediately by written notice of termination delivered in person or by mail to Contractor. The
County may terminate this agreement without cause upon giving a thirty (30) day written notice of
termination to Contractor. The County shall not be obligated to pay for any services or goods
provided by Contractor after Contractor has received written notice of termination. The Contractor
is eligible for all reimbursement of expenses incurred prior to written termination notice.
12. TERMINATION FOR BREACH. The County may immediately terminate this agreement
for any breach of the terms contained herein. Such termination shall take place immediately upon
receipt of written notice of said termination. Any waiver of any breach of covenants herein
contained to be kept and performed by Contractor shall not be deemed or considered as a
continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for
any succeeding breach either of the same conditions or of any other conditions.
13. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties
hereto with respect to the subject matter hereof and SUpersedes any and all prior agreements with
respect to such subject matter between the Contractor and the County.
14. CONSENT TO JURISDICTION. This agreement, its performance, and all disputes arising
hereunder, shalf be governed by the laws of the State of Florida, and both parties agree that the
proper venue for any actions shall be in Monroe County.
Sombrero Beach
Capital Project Funding FY 2001
3
, 15.' ETHICS CLAus".;ontractor warrants that he has noC~.nPIOYed. retained or otherwise
.. had act on his behalf any former County officer or employee in violation of Section 2 or Ordinance
. No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990,
For breach or violation of the provision the County may, at its discretion terminate this agreement
without liability and may also, at its discretion, deduct from the agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former or present County officer or employee.
16. PUBLIC ENTITY CRIME STATEMENT. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid on an
agreement to provide any goods or services to a public entity, may not submit a bid on a
agreement with a public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or perform work as
a Contractor. supplier. sub-contractor, or consultant under a agreement with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017. for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
17. AUTHORITY. Contractor warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Contractor below certifies and warrants that the Contractors name in this
agreement is the full name as designated in its corporate charter (if a corporation); they are
empowered to act and contract for the Contractor, and this agreement has been approved by the
Board of Directors of Contractor or other appropriate authority. .
18. LICENSING AND PERMITS. Contractor warrants that it shall have, prior to commencement
of work under this agreement and at all times during said work, all required licenses and permits
whether federal. state, County or City.
19. INSURANCE. The parties to this agreement stipulate that each is a state governmental
agency as defined by Florida Statutes and represents to the other that it has purchased suitable
Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in
amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28
and 440, arising out of the activities governed by this agreement. The Contractor shall
immediately give notice to the County of any suit. claim or action made against the County that is
related to the activity under this agreement, and will cooperate with the County in the investigation
arising as a result of any suit, action or claim related to this agreement.
Each party shall be responsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors and shall defend, indemnify and hold the other party harmless
from all claims arising out of such actions.
Sombrero Beach
Capital Project Funding FY 2001
4
, . 20: NOTICE. Any writt:. notice 10 be given to either party .(' Jr this agreement or related
hereto shall be addressed and delivered as follows:
. ".
For City of Marathon: Mayor Robert K. Miller
City of Marathon
11090 Overseas Highway
Marathon, Fl33050
For County: lynda Stuart
Monroe County T ourlst Development Council
1201 White Street. Suite 102
Key West, Fl 33040
and
Suzanne Hutton, Asst. County Attorney
310 Fleming St.
Key West, Fl 33040
IN. WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
d year first above written.
~
"~ BOARD OF COUNTY COMMISSIONERS
NYL.KOLHAGE,ClERK OF MONROE COUNTY, FLORIDA
~[rM~/Ch3::~q-
(SEAL) .
A TrEST:
By: #~'_. 11 ~_ By:
8ilIJIf'fP}E
City Clerk
nATE
Sombrero Beach
Capital Project Funding FY 2001
5